Public Act 90-0382 of the 90th General Assembly
Public Act 90-0382
HB0070 Enrolled LRB9000429RCks
AN ACT to amend the Illinois Controlled Substances Act by
changing Sections 204, 208, 401 and 402.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Controlled Substances Act is
amended by changing Sections 204, 208, 401 and 402 as
follows:
(720 ILCS 570/204) (from Ch. 56 1/2, par. 1204)
Sec. 204. (a) The controlled substances listed in this
Section are included in Schedule I.
(b) Unless specifically excepted or unless listed in
another schedule, any of the following opiates, including
their isomers, esters, ethers, salts, and salts of isomers,
esters, and ethers, whenever the existence of such isomers,
esters, ethers and salts is possible within the specific
chemical designation:
(1) Acetylmethadol;
(1.1) Acetyl-alpha-methylfentanyl
(N-[1-(1-methyl-2-phenethyl)-
4-piperidinyl]-N-phenylacetamide);
(2) Allylprodine;
(3) Alphacetylmethadol, except
levo-alphacetylmethadol (also known as levo-alpha-
acetylmethadol, levomethadyl acetate, or LAAM);
(4) Alphameprodine;
(5) Alphamethadol;
(6) Alpha-methylfentanyl
(N-(1-alpha-methyl-beta-phenyl) ethyl-4-piperidyl)
propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-
propanilido) piperidine;
(6.1) Alpha-methylthiofentanyl
(N-[1-methyl-2-(2-thienyl)ethyl-
4-piperidinyl]-N-phenylpropanamide);
(7) 1-methyl-4-phenyl-4-proprionoxypiperidine
(MPPP);
(7.1) PEPAP
(1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(8) Benzethidine;
(9) Betacetylmethadol;
(9.1) Beta-hydroxyfentanyl
(N-[1-(2-hydroxy-2-phenethyl)-
4-piperidinyl]-N-phenylpropanamide);
(10) Betameprodine;
(11) Betamethadol;
(12) Betaprodine;
(13) Clonitazene;
(14) Dextromoramide;
(15) Diampromide;
(16) Diethylthiambutene;
(17) Difenoxin;
(18) Dimenoxadol;
(19) Dimepheptanol;
(20) Dimethylthiambutene;
(21) Dioxaphetylbutyrate;
(22) Dipipanone;
(23) Ethylmethylthiambutene;
(24) Etonitazene;
(25) Etoxeridine;
(26) Furethidine;
(27) Hydroxpethidine;
(28) Ketobemidone;
(29) Levomoramide;
(30) Levophenacylmorphan;
(31) 3-Methylfentanyl
(N-[3-methyl-1-(2-phenylethyl)-
4-piperidyl]-N-phenylpropanamide);
(31.1) 3-Methylthiofentanyl
(N-[(3-methyl-1-(2-thienyl)ethyl-
4-piperidinyl]-N-phenylpropanamide);
(32) Morpheridine;
(33) Noracymethadol;
(34) Norlevorphanol;
(35) Normethadone;
(36) Norpipanone;
(36.1) Para-fluorofentanyl
(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-
4-piperidinyl]propanamide);
(37) Phenadoxone;
(38) Phenampromide;
(39) Phenomorphan;
(40) Phenoperidine;
(41) Piritramide;
(42) Proheptazine;
(43) Properidine;
(44) Propiram;
(45) Racemoramide;
(45.1) Thiofentanyl
(N-phenyl-N-[1-(2-thienyl)ethyl-
4-piperidinyl]-propanamide);
(46) Tilidine;
(47) Trimeperidine;
(48) Beta-hydroxy-3-methylfentanyl (other name:
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-
N-phenylpropanamide).
(c) Unless specifically excepted or unless listed in
another schedule, any of the following opium derivatives,
its salts, isomers and salts of isomers, whenever the
existence of such salts, isomers and salts of isomers is
possible within the specific chemical designation:
(1) Acetorphine;
(2) Acetyldihydrocodeine;
(3) Benzylmorphine;
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cyprenorphine;
(7) Desomorphine;
(8) Diacetyldihydromorphine (Dihydroheroin);
(9) Dihydromorphine;
(10) Drotebanol;
(11) Etorphine (except hydrochloride salt);
(12) Heroin;
(13) Hydromorphinol;
(14) Methyldesorphine;
(15) Methyldihydromorphine;
(16) Morphine methylbromide;
(17) Morphine methylsulfonate;
(18) Morphine-N-Oxide;
(19) Myrophine;
(20) Nicocodeine;
(21) Nicomorphine;
(22) Normorphine;
(23) Pholcodine;
(24) Thebacon.
(d) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
hallucinogenic substances, or which contains any of its
salts, isomers and salts of isomers, whenever the existence
of such salts, isomers, and salts of isomers is possible
within the specific chemical designation (for the purposes of
this paragraph only, the term "isomer" includes the optical,
position and geometric isomers):
(1) 3,4-methylenedioxyamphetamine
(alpha-methyl,3,4-methylenedioxyphenethylamine,
methylenedioxyamphetamine, MDA);
(1.1) Alpha-ethyltryptamine
(some trade or other names: etryptamine;
MONASE; alpha-ethyl-1H-indole-3-ethanamine;
3-(2-aminobutyl)indole; a-ET; and AET);
(2) 3,4-methylenedioxymethamphetamine (MDMA);
(2.1) 3,4-methylenedioxy-N-ethylamphetamine
(also known as: N-ethyl-alpha-methyl-
3,4(methylenedioxy) Phenethylamine, N-ethyl MDA, MDE,
and MDEA);
(3) 3-methoxy-4,5-methylenedioxyamphetamine,
(MMDA);
(4) 3,4,5-trimethoxyamphetamine (TMA);
(5) 5-hydroxydimethyltryptamine (Bufotenine);
(6) Diethyltryptamine (DET);
(7) Dimethyltryptamine (DMT);
(8) 4-methyl-2,5-dimethoxyamphetamine (DOM, STP);
(9) Ibogaine (some trade and other names:
7-ethyl-6,6,beta,7,8,9,10,12,13-octahydro-2-methoxy-
6,9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b]
indole; Tabernanthe iboga);
(10) Lysergic acid diethylamide;
(11) 3,4,5-trimethoxyphenethylamine (Mescaline);
(12) Peyote (meaning all parts of the plant
presently classified botanically as Lophophora williemaii
Lemaire, whether growing or not, the seeds thereof, any
extract from any part of that plant, and every compound,
manufacture, salts, derivative, mixture, or preparation
of that plant, its seeds or extracts);
(13) N-ethyl-3-piperidyl benzilate (JB 318);
(14) N-methyl-3-piperidyl benzilate;
(14.1) N-hydroxy-3,4-methylenedioxyamphetamine
(also known as N-hydroxy-alpha-methyl-
3,4(methylenedioxy)phenethylamine and N-hydroxy MDA);
(15) Parahexyl; some trade or other names:
3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-
dibenzo (b,d) pyran; Synhexyl;
(16) Psilocybin;
(17) Psilocyn;
(18) Alpha-methyltryptamine (AMT);
(19) 2,5-dimethoxyamphetamine
(2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);
(20) 4-bromo-2,5-dimethoxyamphetamine
(4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;
4-bromo-2,5-DMA);
(21) 4-methoxyamphetamine
(4-methoxy-alpha-methylphenethylamine;
paramethoxyamphetamine; PMA);
(22) Thiophene analog of phencyclidine (TPCP);
(23) Ethylamine analog of phencyclidine. Some
trade or other names: N-ethyl-l-phenylcyclohexylamine,
(l-phenylcyclohexyl) ethylamine, N-(l-phenylcyclohexyl)
ethylamine, cyclohexamine, PCE;
(24) Pyrrolidine analog of phencyclidine. Some
trade or other names: l-(l-phenylcyclohexyl) pyrrolidine,
PCPy, PHP;
(25) 5-methoxy-3,4-methylenedioxy-amphetamine;
(26) 2,5-dimethoxy-4-ethylamphetamine
(another name: DOET);
(27) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine
(another name: TCPy);
(28) 3,4-methylenedioxy amphetamine;
(29) Thiophene analog of phencyclidine (some trade
or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine;
2-thienyl analog of phencyclidine; TPCP; TCP);
(30) Bufotenine (some trade or other names:
3-(Beta-Dimethylaminoethyl)-5-hydroxyindole;
3-(2-dimethylaminoethyl)-5-indolol;
5-hydroxy-N,N-dimethyltryptamine;
N,N-dimethylserotonin; mappine).
(e) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a depressant effect on the central nervous
system, including its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation:
(1) mecloqualone; and
(2) methaqualone; and.
(3) gamma hydroxybutyric acid.
(f) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous
system, including its salts, isomers, and salts of isomers:
(1) Fenethylline;
(2) N-ethylamphetamine;
(3) Aminorex (some other names:
2-amino-5-phenyl-2-oxazoline; aminoxaphen;
4-5-dihydro-5-phenyl-2-oxazolamine) and its
salts, optical isomers, and salts of optical isomers;
(4) Methcathinone (some other names:
2-methylamino-1-phenylpropan-1-one;
Ephedrone; 2-(methylamino)-propiophenone;
alpha-(methylamino)propiophenone; N-methylcathinone;
methycathinone; Monomethylpropion; UR 1431) and its
salts, optical isomers, and salts of optical isomers;
(5) Chathinone (some trade or other names:
2-aminopropiophenone; alpha-aminopropiophenone;
2-amino-1-phenyl-propanone; norephedrone);
(6) N,N-dimethylamphetamine (also known as:
N,N-alpha-trimethyl-benzeneethanamine;
N,N-alpha-trimethylphenethylamine);
(7) (+ or -) cis-4-methylaminorex ((+ or -) cis-
4,5-dihydro-4-methyl-4-5-phenyl-2-oxazolamine).
(Source: P.A. 88-168; 89-202, eff. 10-1-95.)
(720 ILCS 570/208) (from Ch. 56 1/2, par. 1208)
Sec. 208. (a) The controlled substances listed in this
Section are included in Schedule III.
(b) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous
system, including its salts, isomers (whether optical
position, or geometric), and salts of such isomers whenever
the existence of such salts, isomers, and salts of isomers is
possible within the specific chemical designation;
(1) Those compounds, mixtures, or preparations in
dosage unit form containing any stimulant substances
listed in Schedule II which compounds, mixtures, or
preparations were listed on August 25, 1971, as excepted
compounds under Title 21, Code of Federal Regulations,
Section 308.32, and any other drug of the quantitative
composition shown in that list for those drugs or which
is the same except that it contains a lesser quantity of
controlled substances;
(2) Benzphetamine;
(3) Chlorphentermine;
(4) Clortermine;
(5) Phendimetrazine.
(c) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a potential for abuse associated with a
depressant effect on the central nervous system:
(1) Any compound, mixture, or preparation
containing amobarbital, secobarbital, pentobarbital or
any salt thereof and one or more other active medicinal
ingredients which are not listed in any schedule;
(2) Any suppository dosage form containing
amobarbital, secobarbital, pentobarbital or any salt of
any of these drugs and approved by the Federal Food and
Drug Administration for marketing only as a suppository;
(3) Any substance which contains any quantity of a
derivative of barbituric acid, or any salt thereof:
(4) Chlorhexadol;
(5) Methyprylon;
(6) Sulfondiethylmethane;
(7) Sulfonethylmethane;
(8) Sulfonmethane;
(9) Lysergic acid;
(10) Lysergic acid amide;
(10.1) Tiletamine or zolazepam or both, or any salt
of either of them.
Some trade or other names for a tiletamine-zolazepam
combination product: Telazol.
Some trade or other names for Tiletamine:
2-(ethylamino)-2-(2-thienyl)-cyclohexanone.
Some trade or other names for zolazepam:
4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-
[3,4-e], [1,4]-diazepin-7(1H)-one, and flupyrazapon.
(11) Any material, compound, mixture or preparation
containing not more than 12.5 milligrams of pentazocine
or any of its salts, per 325 milligrams of aspirin;
(12) Any material, compound, mixture or preparation
containing not more than 12.5 milligrams of pentazocine
or any of its salts, per 325 milligrams of acetaminophen;
(13) Any material, compound, mixture or preparation
containing not more than 50 milligrams of pentazocine or
any of its salts plus naloxone HCl USP 0.5 milligrams,
per dosage unit;.
(14) Ketamine.
(d) Nalorphine.
(e) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation containing limited quantities of any of the
following narcotic drugs, or their salts calculated as the
free anhydrous base or alkaloid, as set forth below:
(1) not more than 1.8 grams of codeine per 100
milliliters or not more than 90 milligrams per dosage
unit, with an equal or greater quantity of an
isoquinoline alkaloid of opium;
(2) not more than 1.8 grams of codeine per 100
milliliters or not more than 90 milligrams per dosage
unit, with one or more active non-narcotic ingredients in
recognized therapeutic amounts;
(3) not more than 300 milligrams of
dihydrocodeinone per 100 milliliters or not more than 15
milligrams per dosage unit, with a fourfold or greater
quantity of an isoquinoline alkaloid of opium;
(4) not more than 300 milligrams of
dihydrocodeinone per 100 milliliters or not more than 15
milligrams per dosage unit, with one or more active,
non-narcotic ingredients in recognized therapeutic
amounts;
(5) not more than 1.8 grams of dihydrocodeine per
100 milliliters or not more than 90 milligrams per dosage
unit, with one or more active, non-narcotic ingredients
in recognized therapeutic amounts;
(6) not more than 300 milligrams of ethylmorphine
per 100 milliliters or not more than 15 milligrams per
dosage unit, with one or more active, non-narcotic
ingredients in recognized therapeutic amounts;
(7) not more than 500 milligrams of opium per 100
milliliters or per 100 grams, or not more than 25
milligrams per dosage unit, with one or more active,
non-narcotic ingredients in recognized therapeutic
amounts;
(8) not more than 50 milligrams of morphine per 100
milliliters or per 100 grams with one or more active,
non-narcotic ingredients in recognized therapeutic
amounts.
(f) Anabolic steroids, except the following anabolic
steroids that are exempt:
(1) Androgyn L.A.;
(2) Andro-Estro 90-4;
(3) depANDROGYN;
(4) DEPO-T.E.;
(5) depTESTROGEN;
(6) Duomone;
(7) DURATESTRIN;
(8) DUO-SPAN II;
(9) Estratest;
(10) Estratest H.S.;
(11) PAN ESTRA TEST;
(12) Premarin with Methyltestosterone;
(13) TEST-ESTRO Cypionates;
(14) Testosterone Cyp 50 Estradiol Cyp 2;
(15) Testosterone Cypionate-Estradiol Cypionate
injection; and
(16) Testosterone Enanthate-Estradiol Valerate
injection.
(g) The Department may except by rule any compound,
mixture, or preparation containing any stimulant or
depressant substance listed in subsection (b) from the
application of all or any part of this Act if the compound,
mixture, or preparation contains one or more active medicinal
ingredients not having a stimulant or depressant effect on
the central nervous system, and if the admixtures are
included therein in combinations, quantity, proportion, or
concentration that vitiate the potential for abuse of the
substances which have a stimulant or depressant effect on the
central nervous system.
(Source: P.A. 88-168; 89-202, eff. 10-1-95.)
(720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
Sec. 401. Except as authorized by this Act, it is
unlawful for any person knowingly to manufacture or deliver,
or possess with intent to manufacture or deliver, a
controlled or counterfeit substance or controlled substance
analog. A violation of this Act with respect to each of the
controlled substances listed herein constitutes a single and
separate violation of this Act. For purposes of this
Section, "controlled substance analog" or "analog" means a
substance which is intended for human consumption, other than
a controlled substance, that has a chemical structure
substantially similar to that of a controlled substance in
Schedule I or II, or that was specifically designed to
produce an effect substantially similar to that of a
controlled substance in Schedule I or II. Examples of
chemical classes in which controlled substance analogs are
found include, but are not limited to, the following:
phenethylamines, N-substituted piperidines, morphinans,
ecgonines, quinazolinones, substituted indoles, and
arylcycloalkylamines. For purposes of this Act, a controlled
substance analog shall be treated in the same manner as the
controlled substance to which it is substantially similar.
(a) Any person who violates this Section with respect to
the following amounts of controlled or counterfeit substances
or controlled substance analogs, notwithstanding any of the
provisions of subsections (c), (d), (e), (f), (g) or (h) to
the contrary, is guilty of a Class X felony and shall be
sentenced to a term of imprisonment as provided in this
subsection (a) and fined as provided in subsection (b):
(1) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing heroin, or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less
than 400 grams of a substance containing heroin, or
an analog thereof;
(C) not less than 12 years and not more than
50 years with respect to 400 grams or more but less
than 900 grams of a substance containing heroin, or
an analog thereof;
(D) not less than 15 years and not more than
60 years with respect to 900 grams or more of any
substance containing heroin, or an analog thereof;
(2) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing cocaine, or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less
than 400 grams of a substance containing cocaine, or
an analog thereof;
(C) not less than 12 years and not more than
50 years with respect to 400 grams or more but less
than 900 grams of a substance containing cocaine, or
an analog thereof;
(D) not less than 15 years and not more than
60 years with respect to 900 grams or more of any
substance containing cocaine, or an analog thereof;
(3) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing morphine, or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less
than 400 grams of a substance containing morphine,
or an analog thereof;
(C) not less than 12 years and not more than
50 years with respect to 400 grams or more but less
than 900 grams of a substance containing morphine,
or an analog thereof;
(D) not less than 15 years and not more than
60 years with respect to 900 grams or more of a
substance containing morphine, or an analog thereof;
(4) 200 grams or more of any substance containing
peyote, or an analog thereof;
(5) 200 grams or more of any substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid, or an analog thereof;
(6) 200 grams or more of any substance containing
amphetamine or methamphetamine or any salt of an optical
isomer of amphetamine or methamphetamine, or an analog
thereof;
(7) (A) not less than 6 years and not more than 30
years with respect to: (i) 15 grams or more but less
than 100 grams of a substance containing lysergic
acid diethylamide (LSD), or an analog thereof, or
(ii) 15 or more objects or 15 or more segregated
parts of an object or objects but less than 200
objects or 200 segregated parts of an object or
objects containing in them or having upon them any
amounts of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(B) not less than 9 years and not more than 40
years with respect to: (i) 100 grams or more but
less than 400 grams of a substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 200 or more objects or 200 or more
segregated parts of an object or objects but less
than 600 objects or less than 600 segregated parts
of an object or objects containing in them or having
upon them any amount of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof;
(C) not less than 12 years and not more than
50 years with respect to: (i) 400 grams or more but
less than 900 grams of a substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 600 or more objects or 600 or more
segregated parts of an object or objects but less
than 1500 objects or 1500 segregated parts of an
object or objects containing in them or having upon
them any amount of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(D) not less than 15 years and not more than
60 years with respect to: (i) 900 grams or more of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) 1500 or more
objects or 1500 or more segregated parts of an
object or objects containing in them or having upon
them any amount of a substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(8) 30 grams or more of any substance containing
pentazocine or any of the salts, isomers and salts of
isomers of pentazocine, or an analog thereof;
(9) 30 grams or more of any substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone, or an analog thereof;
(10) 30 grams or more of any substance
containing phencyclidine or any of the salts, isomers
and salts of isomers of phencyclidine (PCP), or an
analog thereof;
(10.5) 30 grams or more of any substance containing
ketamine or any of the salts, isomers and salts of
isomers of ketamine, or an analog thereof;
(11) 200 grams or more of any substance containing
any other controlled substance classified in Schedules I
or II, or an analog thereof, which is not otherwise
included in this subsection.
(b) Any person sentenced with respect to violations of
paragraph (1), (2), (3) or (7) of subsection (a) involving
100 grams or more of the controlled substance named therein,
may in addition to the penalties provided therein, be fined
an amount not more than $500,000 or the full street value of
the controlled or counterfeit substance or controlled
substance analog, whichever is greater. The term "street
value" shall have the meaning ascribed in Section 110-5 of
the Code of Criminal Procedure of 1963. Any person sentenced
with respect to any other provision of subsection (a), may in
addition to the penalties provided therein, be fined an
amount not to exceed $500,000.
(c) Any person who violates this Section with regard to
the following amounts of controlled or counterfeit substances
or controlled substance analogs, notwithstanding any of the
provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
to the contrary, is guilty of a Class 1 felony. The fine for
violation of this subsection (c) shall not be more than
$250,000:
(1) 10 or more grams but less than 15 grams of any
substance containing heroin, or an analog thereof;
(2) 1 gram or more but less than 15 grams of any
substance containing cocaine, or an analog thereof;
(3) 10 grams or more but less than 15 grams of any
substance containing morphine, or an analog thereof;
(4) 50 grams or more but less than 200 grams of any
substance containing peyote, or an analog thereof;
(5) 50 grams or more but less than 200 grams of any
substance containing a derivative of barbituric acid or
any of the salts of a derivative of barbituric acid, or
an analog thereof;
(6) 50 grams or more but less than 200 grams of any
substance containing amphetamine or methamphetamine or
any salt of an optical isomer of amphetamine or
methamphetamine, or an analog thereof;
(7) (i) 5 grams or more but less than 15 grams of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) more than 10 objects
or more than 10 segregated parts of an object or objects
but less than 15 objects or less than 15 segregated parts
of an object containing in them or having upon them any
amount of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(8) 10 grams or more but less than 30 grams of any
substance containing pentazocine or any of the salts,
isomers and salts of isomers of pentazocine, or an analog
thereof;
(9) 10 grams or more but less than 30 grams of any
substance containing methaqualone or any of the salts,
isomers and salts of isomers of methaqualone, or an
analog thereof;
(10) 10 grams or more but less than 30 grams of any
substance containing phencyclidine or any of the salts,
isomers and salts of isomers of phencyclidine (PCP), or
an analog thereof;
(10.5) 10 grams or more but less than 30 grams of
any substance containing ketamine or any of the salts,
isomers and salts of isomers of ketamine, or an analog
thereof;
(11) 50 grams or more but less than 200 grams of
any substance containing a substance classified in
Schedules I or II, or an analog thereof, which is not
otherwise included in this subsection.
(d) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedules I or II, or an analog thereof, which
is (i) a narcotic drug, or (ii) lysergic acid diethylamide
(LSD) or an analog thereof, is guilty of a Class 2 felony.
The fine for violation of this subsection (d) shall not be
more than $200,000.
(e) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule I or II, or an analog thereof, which
substance is not included under subsection (d) of this
Section, is guilty of a Class 3 felony. The fine for
violation of this subsection (e) shall not be more than
$150,000.
(f) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule III is guilty of a Class 3 felony. The
fine for violation of this subsection (f) shall not be more
than $125,000.
(g) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule IV is guilty of a Class 3 felony. The
fine for violation of this subsection (g) shall not be more
than $100,000.
(h) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule V is guilty of a Class 3 felony. The
fine for violation of this subsection (h) shall not be more
than $75,000.
(i) This Section does not apply to the manufacture,
possession or distribution of a substance in conformance with
the provisions of an approved new drug application or an
exemption for investigational use within the meaning of
Section 505 of the Federal Food, Drug and Cosmetic Act.
(Source: P.A. 89-404, eff. 8-20-95.)
(720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
Sec. 402. Except as otherwise authorized by this Act, it
is unlawful for any person knowingly to possess a controlled
or counterfeit substance. A violation of this Act with
respect to each of the controlled substances listed herein
constitutes a single and separate violation of this Act.
(a) Any person who violates this Section with respect to
the following controlled or counterfeit substances and
amounts, notwithstanding any of the provisions of subsection
(c) and (d) to the contrary, is guilty of a Class 1 felony
and shall, if sentenced to a term of imprisonment, be
sentenced as provided in this subsection (a) and fined as
provided in subsection (b):
(1) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of a substance containing heroin;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less
than 400 grams of a substance containing heroin;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less
than 900 grams of any substance containing heroin;
(D) not less than 10 years and not more than
50 years with respect to 900 grams or more of any
substance containing heroin;
(2) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of any substance containing cocaine;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less
than 400 grams of any substance containing cocaine;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less
than 900 grams of any substance containing cocaine;
(D) not less than 10 years and not more than
50 years with respect to 900 grams or more of any
substance containing cocaine;
(3) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of any substance containing morphine;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less
than 400 grams of any substance containing morphine;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less
than 900 grams of any substance containing morphine;
(D) not less than 10 years and not more than
50 years with respect to 900 grams or more of any
substance containing morphine;
(4) 200 grams or more of any substance containing
peyote;
(5) 200 grams or more of any substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid;
(6) 200 grams or more of any substance containing
amphetamine or methamphetamine or any salt of an optical
isomer of amphetamine or methamphetamine;
(7) (A) not less than 4 years and not more than 15
years with respect to: (i) 15 grams or more but less
than 100 grams of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof, or
(ii) 15 or more objects or 15 or more segregated
parts of an object or objects but less than 200
objects or 200 segregated parts of an object or
objects containing in them or having upon them any
amount of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(B) not less than 6 years and not more than 30
years with respect to: (i) 100 grams or more but
less than 400 grams of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 200 or more objects or 200 or more
segregated parts of an object or objects but less
than 600 objects or less than 600 segregated parts
of an object or objects containing in them or having
upon them any amount of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof;
(C) not less than 8 years and not more than 40
years with respect to: (i) 400 grams or more but
less than 900 grams of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 600 or more objects or 600 or more
segregated parts of an object or objects but less
than 1500 objects or 1500 segregated parts of an
object or objects containing in them or having upon
them any amount of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(D) not less than 10 years and not more than
50 years with respect to: (i) 900 grams or more of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) 1500 or more
objects or 1500 or more segregated parts of an
object or objects containing in them or having upon
them any amount of a substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(8) 30 grams or more of any substance containing
pentazocine or any of the salts, isomers and salts of
isomers of pentazocine, or an analog thereof;
(9) 30 grams or more of any substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone;
(10) 30 grams or more of any substance containing
phencyclidine or any of the salts, isomers and salts of
isomers of phencyclidine (PCP);
(10.5) 30 grams or more of any substance containing
ketamine or any of the salts, isomers and salts of
isomers of ketamine;
(11) 200 grams or more of any substance containing
any substance classified as a narcotic drug in Schedules
I or II which is not otherwise included in this
subsection.
(b) Any person sentenced with respect to violations of
paragraph (1), (2), (3) or (7) of subsection (a) involving
100 grams or more of the controlled substance named therein,
may in addition to the penalties provided therein, be fined
an amount not to exceed $200,000 or the full street value of
the controlled or counterfeit substances, whichever is
greater. The term "street value" shall have the meaning
ascribed in Section 110-5 of the Code of Criminal Procedure
of 1963. Any person sentenced with respect to any other
provision of subsection (a), may in addition to the penalties
provided therein, be fined an amount not to exceed $200,000.
(c) Any person who violates this Section with regard to
an amount of a controlled or counterfeit substance not set
forth in subsection (a) or (d) is guilty of a Class 4 felony.
The fine for a violation punishable under this subsection (c)
shall not be more than $15,000.
(d) Any person who violates this Section with regard to
any amount of anabolic steroid is guilty of a Class C
misdemeanor for the first offense and a Class B misdemeanor
for a subsequent offense committed within 2 years of a prior
conviction.
(Source: P.A. 89-404, eff. 8-20-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.